The Queensland government has acknowledged that its new law imposing mandatory jail sentences on some offenders as young as 10 years old breaches human rights protections and risks worsening overcrowding in detention facilities. The legislation, introduced as part of a wider “breach bail, go to jail” crackdown, was tabled on Thursday and targets individuals who commit a “significant offence” while on bail or fail to appear in court.

Under the law, children aged 10 and above charged with one of 47 specified offences—which include crimes such as dangerous driving, robbery, and entering premises to commit indictable offences—face stricter bail conditions. Adults are subject to the same, with the addition of sexual offences against children and coercive control offences. The legislation mandates that a person accused of a second offence while on bail must be remanded in custody unless a court or police officer is satisfied “to a high degree of confidence” that the individual will not reoffend. If convicted, the offender faces a minimum 12-month jail term without parole, which can run concurrently with other sentences. Notably, the law applies regardless of the outcome of the initial offence.

In supporting documents, Attorney-General Deb Frecklington cited the “prevalence of serious repeat offending committed while on bail” as justification for the legislation. However, the government conceded the new measures violate several rights protected under the Queensland Human Rights Act, including the right to liberty, the principle that persons awaiting trial should not be detained automatically, and the protection of children’s best interests. The legislation also overrides the Human Rights Act, a move typically permitted only under exceptional circumstances such as a state of emergency, which critics say are not present in this instance.

Human rights advocates have raised concerns that the mandatory sentencing provisions remove judicial discretion, potentially resulting in disproportionately harsh punishments. Bridget Burton, a senior law lecturer at the University of Queensland, warned that such laws could produce “cruel outcomes” and undermine community expectations of fairness, particularly in cases involving victims who have also committed offences. William Wood, a Griffith University senior lecturer in criminology, questioned the deterrent effect of the minimum 12-month incarceration for young offenders and noted the existing legal system already accounts for repeat offending in bail decisions. Wood highlighted that Queensland already has the highest youth detention rate in Australia and employs significant use of pre-trial detention.

Premier David Crisafulli defended the legislation as giving Queensland “the strongest bail laws in the country” and acknowledged that additional prison capacity would be required. He framed the policy as a choice between fuller jails and increased protection for citizens, stating a clear preference for public safety. The bill also removes police obligations to consider diversionary options before charging children and extends current exemptions to the Human Rights Act within police watchhouses.

Critics warn the law will exacerbate overcrowding in youth detention centers and correctional facilities, potentially straining conditions and undermining humane treatment standards for detainees. They argue the legislation’s focus on incarceration is not supported by evidence as an effective youth crime strategy and risks imposing significant social and financial costs with limited public safety return.